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Securities & Exchange Board of India v. DSQ Software Ltd. & Anr.

Securities, Markets and Exchanges — Securities and Exchange Board of India Act, 1992 — Ss. 11 and 11B — Order dt. 3-2-2016 for depositing Rs 30 Crores not abided — Consequence — Held, due to non-payment of aforesaid amount, order dt. 9-9-2004 passed by SEBI revived                                                           (Para 3)

(Anil R. Dave and L. Nageswara Rao, JJ.)


 


Securities & Exchange Board of India __________________ Appellant


 


v.


 


DSQ Software Ltd. & Anr. ________________________ Respondent(s)


 


Civil Appeal No. 2467 of 2006, decided on August 31, 2016


 


The Judgement of the Court was delivered by


Anil R. Dave, J.:—


 


1. Heard the learned counsel.


 


2. By an order dated 3rd February, 2016, it was directed that Respondent No. 2 should deposit Rs. 30 Crorers (Rupees Thirty Crores only) in six months with SEBI. It was further ordered that if the afore-stated amount is not paid, the order dated 9th September, 2004 passed by the SEBI, shall stand revived.


 


3. It is an admitted fact that Rs. 30 Crores have not been deposited till today. In the circumstances, order dated 8th December, 2015 passed by the Securities Appellate Tribunal, Mumbai is set aside and the order dated 9th September, 2004 stands revived.


 


4. The appeal is disposed of as allowed with no order as to costs. Pending application, if any, shall stand disposed of.


 


Civil Appeal No(s). 2467/2006


 


Securities & Exchange Board of India __________________ Appellant


 


v.


 


DSQ Software Ltd. & Anr. ________________________ Respondent(s)


 


Date: 31/08/2016 This appeal was called on for hearing today.


 


(Before Anil R. Dave and L. Nageswara Rao, JJ.)


 


For Appellant(s) Mr. Arvind P. Datar, Sr. Adv.


 


Mr. Pratap Venugopal, Adv.


 


Ms. Surekha Raman, Adv.


 


Mr. Debarshi Bhuyan, Adv.


 


For M/s. K.J. John & Co., Advs.


 


For Respondent(s) Mr. Anubhav Kumar, Adv.


 


For M/s. Manoj Swarup & Co., Advs.


 


UPON hearing the counsel the Court made the following


 


Order


 


5. The appeal is disposed of as allowed in terms of the signed Non-reportable Judgment.


 


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